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Daily smile 10 26 22 no play scaled

Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>Daily Smile: Wednesday, October 26, 2022 | Cowboy State Daily</title>

How do I look?

Daily Smile: Wednesday, October 26, 2022

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Government & Politics

Politics

A federal agency has an agreement with Wyoming's two tribes to run license plate reader cameras on the reservation, authorities confirmed Thursday. 

Cowboy State Daily has observed license plate reader cameras already installed on roadside posts at the north entrance to the reservation abutting Riverton, and the south entrance from the Lander side.

The license plate readers are put up by DEA (the U.S. Drug Enforcement Administration) through an agreement with the tribe, said U.S. Bureau of Indian Affairs spokesman Joshua Barnett in a Thursday email. Barnett added that the BIA is "not part of that agreement." 

Wyoming Highway Patrol (WHP) Lt. Col. Karl Germain told lawmakers during a Tuesday committee meeting that the WHP was working with the BIA to put up the cameras. 

But Germain clarified in a Thursday phone call, saying he misspoke and was trying to highlight the cameras can be a good tool in crisis situations. 

"Highway Patrol doesn’t have any LPRs," said Germain. "We have no mechanism to purchase those or put them up." But the patrol's umbrella agency, the Wyoming Highway Patrol, manages the highway right-of-way and is responsible for authorizing camera installations, he said. 

The Select Committee on Tribal Relations, which is a state legislative panel,

discuss how state law interacts with the two tribal governments of Wyoming: the Northern Arapaho and Eastern Shoshone

There, Germain said, “Those (cameras) are obviously helpful for a number of reasons, and you know I fully recognize some of the privacy concerns of with that."  For missing person cases or Amber alerts, those cameras “can be invaluable to help recover that person in a timely manner,” said German. “There aren’t a lot of cameras in Wyoming right now. If the reservation is able to put those up, it’s just another tool at the disposal of law enforcement.”

Committee Co-Chair Sen. Cale Case, R-Lander, voiced concern, calling the cameras a facet of “big surveillance.”

“It’s a big step in our surveillance society,” said Case. “Not quite as far as England where they have facial recognition all the way through London but … it feels that way a little bit.”

 the controversy surrounding the cameras. 

License plate readers are cameras, generally facing roadways, that capture images of vehicles and license 

 and log dates and times for those images. The devices can also capture images of drivers and occupants of vehicles and passersby.

Case amplified his comments in a Thursday interview, saying the license plate readers, government-accessible DNA databases, facial recognition technology and other government surveillance measures now in play would have been "appalling" to the Founding Fathers. 

"All this stuff is somewhat '1984'-ish," said Case, referring to George Orwell's dystopian novel about an authoritarian surveillance state. 

[{"type":"text","text":"This Drug Trafficking"}]

The cameras have been posted for "months" Wyoming Department of Transportation public relations specialist Cody Beers told Cowboy State Daily. 

An advocate of the license plate readers, Nicole Wagon touted them as useful and important during a Jan. 27 meeting of the Tribal Relations Committee. 

Wagon, who lost one daughter to murder and another to hypothermia amid suspicious circumstances, is an advocate for better safety measures for indigenous people.

“It’s a component to stop the violence. It’s a component to make it safe for all the community members,” said Wagon of the cameras, 

She said the Wind River Intertribal Council, which comprises executive-branch governments of both tribes, signed a resolution in 2024 to work with license plate reader efforts on the reservation.

Neither the Eastern Shoshone Business Council nor the Northern Arapaho Business Council responded to Cowboy State Daily’s 

requests for comment, however the ESBC’s spokeswoman requested more information on the topic, which 

Cowboy State Daily inquired of the BIA at that time, and the agency said on Feb. 3 that it “does not have license plate readers on the Wind River Indian Reservation” and to check with the U.S. Drug Enforcement Administration (DEA). 

The agency’s spokesman Joshua Barnett said Thursday in a follow-up exchange that the DEA puts up the license plate readers “through an agreement with the tribe,” of which BIA is not a part.

While he did not confirm the cameras’ presence or use, DEA Public Affairs Officer Stephan Tubbs wrote in a Jan. 28 email that, “The key trafficking routes for the Mexican Cartels across our Rocky Mountain Field Division are the I-25, I-70, and I-80 corridors in Colorado and Wyoming.”

“These highways are arteries for the cartels to bring their poison — namely fentanyl, methamphetamine, and cocaine — into and across our nation,” Tubbs said, adding that targeting cartel routes is “vital.”

“Any and all tools available need to be utilized to save American lives from the continuing deadly impact the cartels and their dangerous drugs inflict on our communities,” said Tubbs. He referred back to that statement when Cowboy State Daily sent a follow-up inquiry in May. 

The FBI, which also performs law enforcement functions and investigations on the reservation, declined in a Feb. 2 email from FBI public affairs officer Vikki Migoya to comment “about investigative techniques or law enforcement tools we might or might not use.”

[{"type":"text","text":"Criminals Or 'Complete Morons'"}]

Erick Blackburn, former chief of the Wind River’s BIA outpost, discussed the cameras on a public Facebook exchange last month.

 map showing two of the cameras stationed at the reservation’s Riverton entrance.

, they’re license plate readers,” wrote Blackburn in a comment, 

referring to AI-powered license plate technology used by several Wyoming municipalities. 

“Law enforcement can search specific license plates for ATL — attempt to locate — for Amber alerts and vehicles reported to be trafficking narcotics,” Blackburn continued. "Everyone against them is criminal themselves or complete morons!!”

Blackburn said in another comment that was the BIA chief who “oversaw the project in an attempt to apprehend the narcotics coming into Fremont County and the reservation.”

He said both tribes are “heavy in favor” of the technology and “we had to have their full approval.”

“They were sick and tired of their people senselessly dying,” Blackburn added.

Blackburn, who later confirmed he’s now retired, said the cameras are working and fentanyl overdoses have declined.

 drug dealing POS, or snatching children and trying to drive away with them, you have nothing to worry about,” Blackburn wrote.

Blackburn did not immediately respond to a message request for further comment.

Barnett said Thursday that he was told a former BIA chief may have helped the tribe with the project, on the tribal side, but the project is still a DEA and tribal venture. 

[{"type":"text","text":"Obey The Constitution"}]

Robert Frommer, senior attorney at the Institute for Justice and one of the attorneys urging stronger Fourth Amendment protections in this area, told Cowboy State Daily he’s not in favor of eradicating the cameras.

But they should be subject to the same Fourth Amendment restraints as other law enforcement tools, he said in a Thursday phone interview.

The Fourth Amendment generally bars entry into a person’s home without a warrant, for example, but has exceptions for “exigent circumstances” 

 indications that someone is being harmed inside the home.

On hearing about the cameras stationed at the reservation’s entrances, Frommer said that’s a common method across the nation so that law enforcement can track who enters and leaves a given region. 

When he reviewed Cowboy State Daily’s photographs, he said they’re not Flock brand cameras, but some other brand.

“It’s hard to feel secure and to go about your daily life when you’re always knowing that the government is looking over your shoulder,” he said. “And that’s what these ALPRs (automatic license plate readers) allow. This, kind of, pervasive monitoring of individuals.”

 on this issue would require officers to get a warrant before accessing a person’s historical location information, unless an emergency makes getting a warrant impractical. 

It would restrict the data gatherers’ conveyance of people’s historical location information to third parties.

It would require that a record is created every time someone’s historical location information is accessed, and it would require training for officers accessing that historical information.

The proposed legislation would specify that authorities can’t use unlawfully obtained camera data to prosecute someone, but they also can face civil consequences for violating someone’s rights.

[{"type":"text","text":"The technology can be easy to abuse, said Frommer."}]

“Without any kind of warrant requirement or even internal procedures, it often means that the person deciding whether to search or not is just the bored officer in the patrol car,” said Frommer. “We’ve seen abuses where police have been stalking former romantic partners, wives, ex-boyfriends; other situations where it’s been used to keep tabs on people who are engaged in political activity.”

[{"type":"text","text":"This spreads to the immigration debate, he said."}]

Frommer and his co-counsel in an April 15 lawsuit complaint against the city of San Jose, California, wrote that that city’s massive AI-enhanced surveillance camera system has cameras near immigration lawyers’ offices and health care facilities.

As for the Wind River, Frommer said that, “I understand there might be drug problems in Wyoming and the reservation. There are drug problems all over the country.

“But you can’t let the worries of the day blind you to the long-term constitutional problems of what you’re doing.”

He added, “We want people to obey the law. And if we want people to obey the law then we have to, with just as much vigor, want our officers and government officials to obey the Constitution.”

License plate camera inset 6 18 26

<title>License Plate Cameras At Entrances To Wind River Reservation Spark Controversy | Cowboy State Daily</title>

The Drug Enforcement Administration has installed license plate cameras on or around the Wind River Reservation, authorities confirmed Thursday. "All this stuff is somewhat '1984'-ish," Sen. Cale Case said. "It’s a big step in our surveillance society.”

License Plate Cameras At Entrances To Wind River Reservation Spark Controversy

Headshot of Cowboy State Daily's Feature Reporter, Andrew Rossi.

Andrew Rossi

Outdoors

It’s easy for most people to avoid committing crimes while visiting Yellowstone National Park.

For anyone willing to push their luck, it’s just as easy to get caught in an act. One photo could lead to $2,000 in fines and a week in jail. 

Dane Eyerly of Highland, Utah, was visiting Yellowstone with his family when he spotted someone trying to get a better selfie. The problem was that they did so by stepping onto the fragile terraces at Mammoth Hot Springs.

If that person knew they’d been caught on camera committing a Class B misdemeanor, punishable by fines or a week in jail, maybe they’d have stayed on the boardwalk.

 in a Thursday post, adding that he had informed Yellowstone rangers of the incident.

Cowboy State Daily was unable to reach Dane Eyerly by the time of publication.

[{"type":"text","marks":[{"type":"bold"}],"text":"Thermal Trespass"}]

“Foot travel in all thermal areas and within the Yellowstone Canyon between the Upper Falls and Inspiration Point must be confined to boardwalks or trails that are maintained for such travel and are marked by official signs.”

 according to the Electronic Code of Federal Regulations, Title 36, Section 7.13, specifically regarding Yellowstone National Park. Violating that statute can and has been 

All the signs and boardwalks throughout Yellowstone are designed to ensure nobody violates that rule. It ensures they protect themselves and the delicate landscape, as one wrong step can lead to serious injury or death.

do so anyway in the pursuit of better selfies — 

Earlier this year, Eric Bedient, 50, was 

for walking directly across Canary Spring, Mound Terrace, Palette Hot Spring, and Jupiter Terrace at Mammoth Hot Springs in November 2025.

The U.S. Attorney’s Office for the District of Wyoming said Bedient’s sentence “reflected the extensive nature of the violation (and) the damage his footprints left behind.” He left behind several footprints that were as deep as 12 centimeters.

“Yellowstone’s thermal areas are among the most dangerous natural features in the world,” said U.S. Attorney Darin Smith in a statement. “Mr. Bedient’s disregard for the law could have cost him his life. 

"Prosecuting crimes like this deters others from similar conduct — and from risking becoming thermal soup.”

Mammoth Hot Springs has been frequently cited as an especially fragile thermal area. Any damage may be evident for months or years after the incident, unless it’s permanent.

“Foot traffic can easily destroy very fragile carbonate terrace structures,” Jeffrey Hungerford, Yellowstone’s geologist, wrote in a report assessing the damage caused by Bedient. “Recently formed structures (less than a year old) are very fragile and unstable. 

"They cannot withstand the weight of a human without failing or breaking. It may take years for hydrothermal waters to flow over and rebuild terrace structures in Mammoth.”

Mammoth Hot Springs was the same spot where Eyerly saw the selfie seeker stepping off the boardwalk.

[{"type":"text","marks":[{"type":"bold"}],"text":"Crime And Punishment"}]

, Washington resident Viktor Pyshniuk was sentenced to seven days in jail and 

 $1,500 in fines after leaving the boardwalk at Steamboat Geyser for “better photos.” A ranger found him standing within 20 feet of the geyser’s steam vent.

Pyshniuk was also placed on two years of unsupervised release and was banned from visiting Yellowstone for the same duration.

, James Bond actor Pierce Brosnan pleaded guilty to foot travel in a thermal area. He also stepped off the boardwalk at Mammoth Hot Springs to pose for a photo standing on Palette Springs.

Brosnan agreed to pay a $5,000 fine and two years of unsupervised probation. U.S. Magistrate Judge Stephanie A. Hambrick reduced the sentence to a $1,500 fine and no probation, citing his remorse and frequent public apologies.

“Mr. Brosnan isn’t proud of himself,” she said during his sentencing hearing. “We’ve seen his remorse. It’s genuine.”

Aaron E. Merritt wasn’t so fortunate. He 

 after pleading guilty to thermal trespass in July 2021.

The previous summer, Merritt ran up to Old Faithful with an American flag and a raccoon skin hat. He was also banned from visiting Yellowstone as a condition of his sentence, though the duration wasn’t specified.

Despite the desire for thermal trespass sentences to deter others from doing the same, none of the recent sentences have exceeded seven days in jail and/or $2,000 in fines.

“I don't know if jail actually gets through to their heads, but the dollar bill does,” Cody resident and photographer Tara Posey 

. “When you hit their pocketbook, it seems to register with them, and I don't think they put enough of a fine on these people for doing this stuff. The fines need to be way stiffer.”

Selfie Yellowstone Thermal 726294997 10165331862846757 1165246136924944896 n 6 18 26

<title>'Don't Be This Guy': Yellowstone Selfie Seeker Steps Illegally Onto Hot Spring | Cowboy State Daily</title>

A man in Yellowstone was caught stepping illegally onto a fragile hot spring could get jail time and a hefty fine when park rangers catch up to him. “Don’t be this guy,” said a visitor who posted a photo of the offender on Thursday.

'Don't Be This Guy': Yellowstone Selfie Seeker Steps Illegally Onto Hot Spring

Headshot of Cowboy State Daily's managing editor, Greg Johnson.

Greg Johnson

Crime & Courts

Courts

CHEYENNE — A jury trial remains scheduled to start in less than two months for a 14-year-old charged as an adult with first-degree murder, accused of shooting his mother in the head after an argument over a stolen electronic tablet.

Laramie County Sheriff’s Office investigators say Havoc Leone admitted to shooting his mother, 41-year-old Theresa McIntosh, after she had called him “retarded” and a “thief” on March 6.

If convicted, he could spend the rest of his life in prison. The death penalty isn’t an option in this case because of Leone’s age.

, one of Leone’s attorneys outlined an alleged pattern of emotional abuse that may have driven the teen to act out.

Leone is an emotionally vulnerable child who had been subjected to a pattern of degrading treatment by a mentally ill mother, argued defense attorney Jonathan Foreman.

“If I called you ‘retarded,’ would you believe it?” Foreman asked Laramie County Sheriff’s Office Detective Miles DePrimo, who testified about the details of the case during the March 18 preliminary hearing.

Those details included Leone admitting to hating his mother and shooting her.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"DePrimo answered, “No.”"}]

“Would a child who had been hearing that his whole childhood start to question that?” Foreman followed up.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"“Maybe,” the detective answered."}]

“Ms. McIntosh, who was mentally ill … regularly called him ‘retarded,’ pulled his hair,” and slapped him, said Foreman.

Conversely, Laramie County Assistant District Attorney Kelly Strickland argued that Leone expressed a long-simmering hatred for his mother, had thoughts about killing her, and then followed through when presented an opportunity.

“Right before pulling the trigger on the gun, Theresa yelled at him again if he was ‘retarded,’” Strickland said, recounting an interview Leone had with an investigator. “He said, ‘Yes mom,’ and pulled the trigger.”

 to the first-degree murder charge, setting up a jury trial scheduled to begin Aug. 10.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"The Argument"}]

McIntosh was still alive when sheriff’s deputies arrived at their house, summoned by a 911 call from his father, who heard the shot while he was playing video games in the basement of their home, according to DePrimo’s court testimony and an affidavit of probable cause he wrote and filed in the case.

After Leone, his mother, and father argued about the electronic tablet he allegedly stole from a client of his mother’s cleaning business, they all went their separate ways in their three-level home just south of the Cheyenne city limits, according to DePrimo’s affidavit.

The father went into the basement to play video games, McIntosh was upstairs in Leone’s room doing a puzzle on the floor, while Leone was at the kitchen table doing homework.

At some point, Leone went up to his room where McIntosh was, and they began arguing again, DePrimo wrote.

A gun the teen stole from his mother’s car the week prior, a Taurus 9mm pistol, had been stashed in a boot in Leone’s closet, the detective wrote. 

At one point during their argument, Leone went to the closet to retrieve a notebook that supposedly had a password to access the stolen tablet, the affidavit says. Leone also pulled the gun out of the boot and held it by his side to hide it from McIntosh.

With McIntosh sitting back on her knees on the floor, Leone told detectives that he tossed the notebook at her, which forced the woman to lean forward away from him, exposing the back of her head, DePrimo testified at the preliminary hearing.

“As she knelt forward, he revealed the gun and shot her,” he said, adding that being called “retarded” seemed to be a trigger for the teen.

“By tossing that notebook, he put her in a position to be shot in the back of the head?” Strickland asked, to which DePrimo answered in the affirmative.

McIntosh was shot once in the head behind her left ear, he added.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"What Dad Heard And Saw"}]

Leone’s father heard the gunshot from the basement and went upstairs to see what had happened. There, he encountered his son outside the bedroom, DePrimo wrote.

When he asked the teen what happened, the father told detectives Leone answered, “I don’t know, it just went off,” DePrimo said.

Leone himself at first told detectives that McIntosh had the gun and handed it to him, the detective testified. During that act, he said that “his finger slipped” and the gun fired.

Later, he told another detective the account involving getting the gun out of the boot.

Leone also said that “he had thought about killing Theresa then” at the time he stole the gun from his mother’s car, “but he didn’t,” DePrimo testified.

“He didn’t like to be called names and didn’t know how to express his anger and hatred to her,” he added.

When cross-examined by Foreman, DePrimo admitted that while Leone was asked about his negative feelings toward his mother, he wasn’t asked about the opposite.

“Did you ever ask him if he loved his mother?” Foreman asked. “Are you familiar with the term ‘love-hate relationship?’”

Foreman also explored the initial report to 911 by McIntosh’s common-law husband that she may have tried to kill herself.

“But the initial assumption by her husband was that she killed herself, is that right?” he asked, to which DePrimo answered he didn’t know.

Leone remains at the Laramie County Detention Center on a $500,000 bond.

Havoc Leones house and Theresa Mc Intosh 3 18 26

<title>Cheyenne 14-Year-Old Charged As Adult In Mom’s Shooting Set For Trial | Cowboy State Daily</title>

A Cheyenne 14-year-old charged as an adult with first-degree murder in the death of his mother is set for a jury trial in less than two months. His defense claims he was emotionally abused, while investigators say he admitted he hated his mother.

Cheyenne 14-Year-Old Charged As Adult In Mom’s Shooting Set For Trial

Kolby fedore

Kolby Fedore

Wyoming Life

A Montana police officer spotted the giant banana rolling through Billings on Wednesday afternoon and did what countless law enforcement officers have done before him.

[{"type":"text","text":"He turned around and pulled it over."}]

For Steve Braithwaite, owner, builder and full-time driver of the 23-foot-long Big Banana Car, the stop was less of a surprise than a tradition.

"I would see a police car going the other way and get my documents ready," Braithwaite told Cowboy State Daily from Seattle on Thursday morning. "I knew they were going to loop around and pull me over." 

After 15 years, more than 250,000 miles and enough roadside conversations to fill a produce aisle, Braithwaite has learned that driving a giant banana attracts attention.

[{"type":"text","text":"Especially from cops."}]

[{"type":"text","text":"\"They always find a reason to pull me over,\" Braithwaite said. "}]

in this case it was an issue with the license plate, but ultimately he was not given a ticket.  

Braithwaite figures he may have spent the better part of a decade as one of the most frequently pulled-over drivers in America.

[{"type":"text","text":"Not for speeding, but simply because he was driving a giant banana."}]

"For the first eight or nine years I was the most pulled-over man in America," he said. "It was constant."

[{"type":"text","text":"Often officers simply wanted photographs."}]

[{"type":"text","text":"Other times they invented reasons to start a conversation."}]

[{"type":"text","text":"His favorite stop happened in a small mountain town in West Virginia."}]

A traffic light turned red. Braithwaite stopped. The light turned green and he made a leisurely turn through the intersection.

[{"type":"text","text":"A few moments later, flashing lights appeared behind him."}]

[{"type":"text","text":"A police officer marched up to the banana and delivered the news."}]

"'The reason I pulled you over, that light back there, you peeled out.'"

[{"type":"text","text":"For a moment, Braithwaite didn't know if he was being serious or not."}]

"He said it so straight-faced," Braithwaite recalled. "And I'm like, 'Oh yeah.'"

[{"type":"text","text":"The banana jokes, he said, are \"never-ending.\""}]

[{"type":"text","text":"Fortunately, so are the laughs."}]

[{"type":"text","text":"How It All Started"}]

[{"type":"text","text":"The whole thing began in a gas station in 2008."}]

Braithwaite, a lifelong hot-rod enthusiast, had become bored attending car shows.

Then he watched an episode of the British television show "Top Gear" featuring bizarre custom-built vehicles, including a street-legal garden shed and a drivable couch.

[{"type":"text","text":"For the next month, his brain worked overtime."}]

"Everything I looked at, I thought, 'can I turn that into a car?'" he said. "My drill, my neighbor's lawn mower, everything."

Then one day he found himself standing beside a bowl of fruit in a gas station. 

[{"type":"text","text":"On top sat a banana."}]

[{"type":"text","text":"Not the curved cartoon banana he'd always pictured, but a straighter one."}]

[{"type":"text","text":"Suddenly, he could see it."}]

"The windshield would go there. The wheels would go there."

[{"type":"text","text":"Then came the moment that changed everything."}]

[{"type":"text","text":"\"I pictured it driving down the road and died laughing,\" he said."}]

The image captivated him so completely that the checkout line moved without him noticing.

For 15 years, Steve Braithwaite has driven a 23-foot banana across the country and, on Wednesday, just like hundreds of times before, he was pulled over by law enforcement. "They always find a reason to pull me over," Braithwaite said.

Daily Smile: Wednesday, October 26, 2022

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